O'Brien -v- Derwin & Anor [2009] IEHC 2 (14 January 2009)

O'Brien -v- Derwin & Anor [2009] IEHC 2 (14 January 2009)

The defendants owned and controlled the horses, failed to adequately fence them, and were negligent in allowing them to escape onto the highway, causing the plaintiff’s injuries. The plaintiff proved liability on the balance of probabilities.

Citation
[2009] IEHC 2
Parties
Plaintiff: John O’Brien; Defendant: Francis Derwin; Defendant: Ronan O’Hare (Administrator ad litem for the estate of the late Francis Derwin, Senior)
Jurisdiction
Ireland
Judgment Date
14 January 2009
Procedural Posture
Personal Injury / Final Judgment
Outcome
Plaintiff succeeds; defendants jointly and severally liable.
Legal Topics
Negligence, Liability for Animals, Road Traffic Accident, Damages Assessment
Tort Law Personal Injury Negligence Liability for Animals Road Traffic Accident Damages Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 9 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

John O’Brien

Plaintiff

Francis Derwin

Defendant

Ronan O’Hare (Administrator ad litem for the estate of the late Francis Derwin, Senior)

Defendant

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 Whether the defendants owned and controlled the horses involved in the accident
  2. 2 Whether the defendants were negligent in keeping the horses
  3. 3 Whether the plaintiff is entitled to damages

Ratio Decidendi

The defendants owned and controlled the horses, failed to adequately fence them, and were negligent in allowing them to escape onto the highway, causing the plaintiff’s injuries. The plaintiff proved liability on the balance of probabilities.

Court Disposition

Plaintiff succeeds; defendants jointly and severally liable.

Orders

  • General damages awarded: €160,000
  • Special damages awarded: €177,394.02